March 3, 2010

This material was filed under
[ Code Enforcement Board - Meeting Minutes ]
March 3, 2010

TOWN OF INDIALANTIC
Brevard County, Florida 32903
CODE ENFORCEMENT BOARD MEETING
March 3, 2010 Town Hall 6:00 p.m.
MINUTES NO. 10-03

PRESENT ABSENT
Ronald David Frye, Chairperson Orlando Brillante, Vice Chairperson Todd Harrison, Member Bill Heiss, Member
Henry Adams, Member Tony Laginess, Member
Ronald Campbell, Member
Joseph G. Colombo, Sr., Prosecuting Attorney
Paul Gougelman, Town Attorney
Clifford Stokes, Code Enforcement Officer & Building Official
Jennifer M. Fortin, Secretary

1. CALL TO ORDER 6:00 P.M.

Chairperson Frye called the meeting to order at 6:00 p.m.

2. ROLL CALL

The secretary called the role.

3. APPROVAL OF MINUTES

Minutes 10-02, February 3, 2010
Mr. Adams moved to approve the minutes of February 3, 2009. Mr. Campbell seconded. Motion carried unanimously.

4. OPENING STATEMENT

Chairperson Frye read the opening statement.

5. VIOLATION HEARINGS

A. C.E.B. Case Number 10-004 CNL APF Partners LP (Property Owner)
PO Box 1671
Orlando, Florida 32802
And
Wendy’s Old Fashioned Hamburgers (Business)
205 South Miramar Avenue
Indialantic, Florida 32903

Town Code Section- 5.5-63 General Maintenance

Attorney Colombo advised that CNL APF Partners, LP and Wendy’s Old Fashioned Hamburgers are currently working with the Town to resolve the issue and recommended that Case 10-004 be tabled until the next regular Code Board meeting.

The Board agreed to table this case until the next meeting.

B. C.E.B. Case Number 10-008 Big Bird Ventures, LLC
100 Ninth Avenue
Indialantic, Florida 32903

Town Code of Ordinance 9-6 Delinquency Penalty
Town Code of Ordinance 9-7 Penalty for doing business without business tax receipt

Attorney Colombo advised that Case Number 10-008 has complied and that no evidence or testimony would be presented.

C. C.E.B. Case Number 10-009 Component Distributors, Inc.
131 Fifth Avenue
Indialantic, Florida 32903

Town Code of Ordinance 9-6 Delinquency Penalty
Town Code of Ordinance 9-7 Penalty for doing business without business tax receipt

Attorney Colombo advised that Case Number 10-009 has complied and that no evidence or testimony would be presented.

D. C.E.B. Case Number 10-011 Flex Fitness of Florida
834 North Miramar Avenue ~Business~
Indialantic, Florida, 32903
And
Adelia & Eddie Paniccia
1060 North Riverside Drive ~Property Owner~
Indialantic, Florida 32903

Town Code of Ordinance 9-6 Delinquency Penalty
Town Code of Ordinance 9-7 Penalty for doing business without business tax receipt

Attorney Colombo noted that since there was no evidence of the notice of violation being received, the Town would re-notice and re-cite via hand delivery and this will be placed on the April agenda.

E. CEB Case Number 10-012 Cheri Hart
112 First Avenue
Indialantic, Florida 32903

Town Code of Ordinance 9-6 Delinquency Penalty
Town Code of Ordinance 9-7 Penalty for doing business without business tax receipt

Attorney Colombo advised that Case Number 10-012 has complied and that no evidence or testimony would be presented.

F. CEB Case Number 10-013 Paradise Rugs, Flooring, Blinds, Inc.
239 Fifth Avenue ~Business~
Indialantic, Florida 32903
~and~
FOF LLC
1000 North Riverside Drive ~Property Owner~
Indialantic, Florida 32903

Town Code of Ordinance 8-5 Duty to use contract collector; fees

Attorney Colombo advised that Case Number 10-013 has complied and that no evidence or testimony would be presented.

6. OTHER

7. REPORT OF NON-COMPLIANCE WITH PREVIOUS ORDERS

8. REPORT OF COMPLIANCE WITH PREVIOUS ORDERS

A. C.E.B. Case Number 09-021 America Quest Beachwear
100 Fourth Avenue
Indialantic, Florida 32909

Town Code Section 17-106.4(6)(f) 1 a, b and f – Signs authorized in various zoning districts

Attorney Gougelman swore in Mr. Stokes and Attorney Colombo qualified him as an expert in code enforcement and building inspection.

Mr. Stokes testified American Quest Beachwear has come into compliance with the signs.

Attorney Colombo noted the fine as of February 5, 2010 has climbed to $16,250 and has continued to accrue since then. The Town would like the Board to implement a three (3) month probationary period where the lien will be abated and the fine forgiven as long as the business is trouble free for three (3) months with the understanding if it should happen again it would be considered a re-occurring incident.

Attorney Gougelman swore in Mr. Ely Bendayan, owner of American Quest Beachwear.

Mr. Bendayan stated he did not understand the code and after speaking with the Town Manager Chinault and Mayor Dave Berkman, the code was more clear to him and he is in full cooperation with the Town.

Mr. Harrison moved to implement a three (3) month probationary period where the lien will be abated and the fine forgiven as long as the business is trouble free for three (3) months with the understanding if it should happen again it would be considered a re-occurring incident. Mr. Adams seconded. Motion carried unanimously.

9. UNFINISHED BUSINESS

A. CEB Case Number 09-030 Ocean Crest Condominium Association
50 Eleventh Avenue
Indialantic, Florida 32903
Attn: David L. Bryant, Wendy E. Murray, Susan Webster,
Michael M. Wallis
Town Code Section 7-61 – Wet standpipe and hose system required
Town Code Section 7-62 – Fire Alarm systems required

Attorney Colombo noted he had spoken to Ocean Crest Condominium Association and they have finalized an alarm system and have sent it to the Fire Chief for approval.

B. CEB Case Number 10-006 Spectrum Surf Chop of Brevard, Inc.
130 Fifth Avenue
Indialantic, Florida 32903
Attn: Craig Bobbitt
Violation Four:
Town Code Section 17-126(3)(r) “C” and “C-1” Commercial Districts
Town Code Section 17-162 Discontinuance

Mr. Stokes noted after doing research the Board had requested, both businesses have had business tax receipts since 1981, have been used as mixed use and have not missed a year.

Attorney Colombo noted the Town has withdrawn violation four and informed the Board the manufacturing of the surfboards has come into compliance.

10. NEW BUSINESS

11. ADJOURNMENT

Mr. Campbell moved to adjourn at 6:31 p.m. Mr. Harrison seconded. Motion carried unanimously

______________________________ __________________________
Ronald David Frye, Chairperson Jennifer M. Fortin, Secretary